State v. Vollander
Supreme Court of Minnesota
The defendant, John Vollander, was indicted by the grand jury of Goodhue County, for the crime of adultery with Anna Lundberg the wife of Ole Lundberg. Being arraigned at October Term, 1893, he moved that the indictment be quashed on the ground that the husband, Ole Lundberg, gave evidence before the grand jury regarding the accusation and that the indictment was based thereon.
Read the full summary
The defendant, John Vollander, was indicted by the grand jury of Goodhue County, for the crime of adultery with Anna Lundberg the wife of Ole Lundberg. Being arraigned at October Term, 1893, he moved that the indictment be quashed on the ground that the husband, Ole Lundberg, gave evidence before the grand jury regarding the accusation and that the indictment was based thereon. The court, W. G. Williston, J., denied the motion and on request of defendant reported the case so far as was necessary to present the question and certified the report to this court. The indictment in this case should…
1Opinion of the CourtGilpillan, C. J.
Without deciding the question whether an indictment will be set aside on the ground merely that incompetent *227evidence was received by the grand jnry upon the charge on which it is found, we will decide' the question presented by the briefs.
It is this: Upon a charge against the man alone, for adultery with a married woman, is the husband of the woman a competent witness to prove the crime?
The courts in several states hold him incompetent, none of them on the ground that any legal right or interest of the wife will be affected, but, where they state any reason for so deciding, upon the ground,…
2Cases cited1 opinion
- Kennedy v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1894
3Cited by3 opinions
- Heacock v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Kennedy v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1894
- State v. LasherSupreme Court of Minnesota · 1915